The Bollinger Law Firm, P.C.

January 2015 Archives

Three injured in construction accident in North Carolina


Along with development comes construction and improvement of cities, roadways, buildings and facilities. This is what was taking place at a camp operated by a ministry in North Carolina where a recent construction workers' accident took place that ended up injuring three people.

Training to prevent workplace illnesses relating to pesticides


When working in the agricultural sector, it is possible for workers to come into contact with pesticides in places they least expect to find them. For example, some pesticides may drift from nearby applications to places where they weren't applied. It is important for North Carolina workers to take measures to avoid exposure to toxic material such as pesticides. It is also an employer's duty to train them on the way to do so.

Are back injuries common in workplace accidents?


Most North Carolina residents go to their jobs expecting to go through a normal workday and come home safe and sound. However, due to the nature of the job, or the workplace conditions, some employees find themselves facing a workplace injury, whether it is sustained suddenly or develops over time. It is an employer's duty to create a safe working environment for its employees, but preventing back injuries remains one of the greatest workplace safety challenges employers face.

Bob Bollinger wins case at Court of Appeals

On December 31, 2014, the NC Court of Appeals filed its decision in Clark v. Summit Contractors Group, Inc., COA14-698.   This 3-0 decision was written by Judge Robert C. Hunter.  The case involved a statute of limitations question.   Mr. Clark was injured in NC, but his employer filed the claim under Florida jurisdiction.  Mr. Clark hired the Bollinger Law Firm a little more than two years after the injury to pursue a claim under NC law.  Mr. Clark had received workers' comp benefits under Florida law, and was still getting medical care from Florida.  NC law provides that an injured worker must file his claim in NC within 2 years of his accident, or within two years of his last receipt of "medical compensation" when no other compensation has been paid under the NC Workers' Compensation Act.    Here, Mr. Clark's claim was filed more than two years after the accident, but well within the two years of the last medical compensation paid in the Florida case.   The Industrial Commission, in a dismissal order written by Chairman Andrew Heath, ruled that his claim was not timely filed.  Bob appealed.  The Court of Appeals agreed with Bob's arguments and overturned the Full Commission decision.  

What are the duties of an employer after an industrial accident?


Obtaining and maintaining employment is important for the residents in North Carolina and elsewhere in the nation. While numerous jobs pose little if any risks, some workers are employed in positions that are inherently dangerous. Despite the efforts to implement safety measures such as specialized training and safety equipment, these risky jobs, such as industrial jobs, could cause on-the-job injuries for employees.

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